Garrett v. State

CARR, Judge.

The accused was indicted on a charge of murder in the first degree and convicted of manslaughter in the first degree.

The appellant and Mrs. Louise Perry started out in an automobile about 4:20 P. M. on September 18, 1948. Before going very far the defendant bought a pint of whiskey. The couple traveled about twenty-five miles, drinking some of the whiskey at intervals.

Mr. and Mrs. Waters, husband and wife, were walking along the highway well off of the vehicular traveled portion of the road. As the appellant approached the couple and came in close proximity to them, his automobile…